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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 155/2024/ND-CP
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Hanoi, December 10, 2024
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON HYDROMETEOROLOGY
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law dated November 22, 2019 on
Amendments to the Law on Government Organization dated June 19, 2015 and the
Law on Local Government Organization;
Pursuant to the Law on
Handling of Administrative Violations dated June 20, 2012; the Law on
amendments to the Law on Handling of Administrative Violations dated November
13, 2020;
Pursuant to the Law on
Hydrometeorology dated November 23, 2015;
At the request of the
Minister of Natural Resources and Environment;
The Government
promulgates Decree on penalties for administrative violations against
regulations on hydrometeorology.
Chapter
I
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Article
1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures, power to
impose penalties and power to record administrative violations against
regulations on hydrometeorology.
2. Violations against
regulations on hydrometeorology include:
a) Violations against regulations
on licenses for hydrometeorological forecasts and warnings;
b) Violations against
regulations on hydrometeorological forecasts and warnings;
c) Violations against
regulations on transmission and release of hydrometeorological bulletins;
d) Violations against
regulations on management and operation of network of hydrometeorological
stations;
dd) Violations against
regulations on provision, access, use and exchange of hydrometeorological
information and data;
e) Violations against
regulations on utilization and protection of hydrometeorological works;
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h) Other violations
against regulations on hydrometeorology specified in this Decree.
3. Any administrative
violations against regulations on hydrometeorology which are not prescribed in
this Decree shall be handled in accordance with other Government's Decrees
prescribing penalties for administrative violations in relevant state
management fields.
4. Violations against
regulations on use, inspection and calibration of hydrometeorological
measurement instruments shall be handled according to regulations of the law on
measurement.
5. Penalties for
administrative violations against regulations on hydrometeorology imposed upon
press agencies shall comply with regulations of the law on press and the law on
handling administrative violations against regulations on press and publishing.
6. Administrative
violations related to hydrometeorological activities against regulations on
civil aviation shall be handled according to regulations of the law on civil
aviation and the law on handling administrative violations against regulations
on civil aviation.
Any administrative
violations which are related to hydrometeorological activities against regulations
on civil aviation but are not prescribed in the law on handling of
administrative violations against regulations on civil aviation shall be
handled according to this Decree.
Article
2. Regulated entities
1. Vietnamese and foreign
organizations and individuals commit any administrative violations against
regulations on hydrometeorology within the territory of Vietnam, unless
otherwise prescribed by international treaties to which the Socialist Republic
of Vietnam is a signatory.
2. Organizations that are
liable to administrative penalties for violations against regulations on
hydrometeorology as prescribed in clause 1 of this Decree include:
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b) Regulatory authorities
committing violations which are not related to their assigned management tasks;
c) Socio-political
organizations, socio-political-professional organizations, social
organizations, socio-professional organizations, public service providers and
other organizations established as per by law and committing violations which
are not related to their tasks assigned by competent state management
authorities.
d) Foreign organizations
and individuals participating in hydrometeorological activities within the
Socialist Republic of Vietnam;
dd) Other organizations
that operate within the Socialist Republic of Vietnam.
3. Persons have the power
to record administrative violations or impose administrative penalties; other
relevant organizations and individuals are specified in this Decree.
4. Household businesses
and households that commit administrative violations specified in this Decree
shall face the same penalties/fines as those imposed on individuals committing
violations.
5. In case an on-duty official,
public employee or person working for the people’s army, the people’s public
security and cipher forces commits an administrative violation against
regulations on hydrometeorology which is related to his/her assigned duties,
he/she is not required to incur penalties in accordance with the law on
handling of administrative violations against regulations on hydrometeorology
but shall incur penalties in accordance with regulations of relevant laws. A
regulatory authority that commits a violation against regulations on
hydrometeorology related to its state management duties is not required to
incur penalties in accordance with the law on handling of administrative
violations against regulations on hydrometeorology but shall incur penalties in
accordance with regulations of relevant laws.
Article
3. Prescriptive periods and violations that have been completed or are in
progress
1. The prescriptive
period for imposition of a penalty for a violation against regulations on
hydrometeorology is 01 year.
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a) Failing to report or
fully report results of hydrometeorological forecasts and warnings according to
regulations in clause 1 Article 7 of this Decree;
b) Failing to notify the
Ministry of Natural Resources and Environment and hydrometeorological authorities
of provinces where stations are located after establishment of special-purpose
hydrometeorological stations specified in clause 1 Article 10 of this Decree;
c) Failing to notify the
Ministry of Natural Resources and Environment and hydrometeorological
authorities of provinces where stations are located after relocation of
special-purpose hydrometeorological stations specified in clause 2 Article 10
of this Decree;
d) Failing to notify the
Ministry of Natural Resources and Environment and hydrometeorological
authorities of provinces where stations are located after dissolution of
special-purpose hydrometeorological stations specified in clause 3 Article 10
of this Decree;
dd) Failing to report or
fully or accurately report exchange of hydrometeorological information/data or
that on supervision of climate change with international organizations, foreign
organizations and individuals to the Ministry of Natural Resources and
Environment within the time limit specified in clause 2 Article 14 of this
Decree;
e) Failing to publicly
notify the residential community within the area before creation of impacts on
weather according to clause 3 Article 15 of this Decree.
3. Regarding violations
other than those specified in clause 2 of this Article, the ending time of the
violation is the time on which the organization or individual no longer has the
obligation to comply with regulations or begins to strictly comply with
regulations.
4. Violations against
regulations on hydrometeorology other than those specified in clause 2 and
clause 3 of this Article that have been completed before competent on-duty
persons detect these violations shall be determined as violations that have
been completed.
5. If the violation is
detected when the organization/individual has not completely fulfilled their
obligation to comply with regulations or has not yet complied with regulations,
it shall be considered as a violation in progress.
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1. Primary penalties,
fines:
When committing any
administrative violation against regulations on hydrometeorology, the violator
shall incur a primary penalty that is a fine. The maximum fine for an
administrative violation against regulations on hydrometeorology imposed upon
an individual is VND 50.000.000; and imposed upon an organization is VND
100.000.000.
2. Additional penalties:
a) Suspension of license
for hydrometeorological forecasts and warnings for a fixed period of 01-12
months;
b) Confiscation of exhibits
or means used to commit violations.
3. In addition to the
primary and additional penalties, depending on the nature and severity of each
administrative violation, the violator may be liable to remedial measures
specified in points a, e and i clause 1 Article 28 of the Law on Handling of
Administrative Violations and the following remedial measures:
a) Enforced cancellation
of results, data, bulletins and printed matters and disposal of products
obtained from commission of violations;
b) Enforced addition or
installation of hydrometeorological monitoring stations or measurement
instruments;
c) Enforced
hydrometeorological monitoring;
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dd) Enforced report on or
provision of hydrometeorological information/data;
e) Enforced return of
erased or falsified licenses.
4. Illegal profits earned
from commission of violations specified in clauses 1, 2 and 3 Article 6, clause
4 Article 11; clauses 3 and 4 Article 13; clause 3 Article 14 and point b
clause 4 Article 15 of this Decree shall be determined as follows:
a) The illegal profit
obtained from an administrative violation specified in clause 1, 2 or 3 Article
6 of this Decree is the entire revenue earned by the violator from commission
of the violation minus (-) the direct costs calculated according to
economic-technical norms and unit price for establishment of each
hydrometeorological bulletin pursuant to documents and invoices proving the
legality and validity of such costs provided by the violator;
b) The illegal profit
obtained from an administrative violation specified in clause 4 Article 11 of
this Decree is the entire revenue earned from use of hydrometeorological
information/data appropriated for purchase, sale or exchange;
c) The illegal profit
obtained from an administrative violation specified in clause 3 Article 13 of
this Decree is the entire revenue earned from use of hydrometeorological
information/data provided free of charge for purchase, sale or exchange for
profitable purposes;
d) The illegal profit
obtained from an administrative violation specified in clause 4 Article 13 of
this Decree is the entire revenue earned from provision of advice, design or
investment in construction of a work or project through use of
hydrometeorological information/data of unidentifiable origin or
hydrometeorological information/data that is not certified by a competent
agency/organization/individual for provision of advice, design or investment in
construction of the work or project;
dd) The illegal profit
obtained from an administrative violation specified in clause 3 Article 14 of
this Decree is the entire revenue earned by the violator from exchange of
information/data on hydrometeorology or supervision of climate change without a
written agreement concluded by the Ministry of Natural Resources and
Environment;
e) The illegal profit
obtained from an administrative violation specified point b, clause 4 Article
15 of this Decree is the entire revenue earned by the violator from commission
of the violation minus (-) the direct costs for impact on weather pursuant to
documents and invoices proving the legality and validity of such costs provided
by the violator;
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The violator shall submit
its license which has been erased or falsified to the person that has power to impose
penalties. If a person that has power to issue a decision to impose
penalties is not concurrently an agency or person that has power to grant the
license, within 05 working days from the date of issuance of the decision to
impose penalties, the person that has power to issue the decision to impose
penalties shall send a notification of imposition of the remedial measure which
is the enforced return of the erased or falsified license to the agency or
person that has power to grant the license.
Article
5. Fines for administrative violations
1. The fines prescribed
in Chapter II herein are imposed on administrative violations committed by
individuals. The fine imposed upon an organization is twice as much as that
imposed upon an individual for commission of the same administrative violation.
2. The fines imposed by
the persons specified in Articles 16, 17, 18, 19, 20, 21 and 22 herein are
those imposed upon administrative violations committed by individuals; the fine
such a person may impose upon an organization is twice as much as that imposed
upon an individual.
Chapter
II
ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON HYDROMETEOROLOGY, PENALTIES, FINES AND
REMEDIAL MEASURES
Article
6. Violations against regulations on licenses for hydrometeorological forecasts
and warnings
1. A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failing to adhere to
the scope of hydrometeorological forecasts and warnings as prescribed in the
license;
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c) Erasing or falsifying
the license;
d) Issuing
hydrometeorological forecasts and warnings when the license has expired for less
than 06 months;
dd) Failing to follow
procedures that have been registered in the application for the license.
2. A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for an act of arbitrarily
lending or leasing the license.
3. A fine ranging from
VND 25.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Giving
hydrometeorological forecasts and warnings without the license;
b) Issuing
hydrometeorological forecasts and warnings when the license has expired for 06
months or more;
4. Additional penalties:
a) Suspension of the
license for hydrometeorological forecasts and warnings for a fixed period of
06-12 months with regard to the violation specified in point a or point b
clause 1 of this Article;
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5. Remedial measures:
a) Enforced return of the
erased or falsified license to the person that has power to impose penalties
with regard to the violation specified in point c clause 1 of this Article;
b) Enforced return of
illegal profits earned from commission of the violations specified in clauses
1, 2 and 3 of this Article;
c) Enforced cancellation
of results, data, bulletins and printed matters and disposal of products
obtained from commission of the violations specified in clause 1 and clause 3
of this Article.
Article
7. Violations against regulations on hydrometeorological forecasts and warnings
1. A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for an act of failing to
report or fully report results of hydrometeorological forecasts and warnings
according to regulations.
2. A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following
violations:
a) Failing to comply with
technical standards and regulations on, and follow professional procedures for
hydrometeorological forecasts and warnings;
b) Failing to comply with
technical standards and regulations on, and follow professional procedures for
assessment of quality of hydrometeorological forecasts and warnings;
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3. A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failing to forecast
the inflow and capacity of reservoir water level increase according to
regulations of law on dam and reservoir safety;
b) Issuing each type of
hydrometeorological bulletins that are unreliable 03 consecutive times within
01 month.
4. A fine ranging from
VND 30.000.000 to VND 50.000.000 shall be imposed for one of the following
violations:
a) Intentionally
providing hydrometeorological bulletins in a false manner;
b) Intentionally
violating technical standards and regulations on, or failing to follow
professional procedures for hydrometeorological forecasts and warnings;
5. Additional penalties:
a) Suspension of the
license for hydrometeorological forecasts and warnings for a fixed period of
03-06 months with regard to one of the violations specified in clause 2 of this
Article;
b) Suspension of the
license for hydrometeorological forecasts and warnings for a fixed period of
06-12 months with regard to the violation specified in point b clause 3 of this
Article;
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1. A fine ranging from
VND 3.000.000 to VND 5.000.000 shall be imposed for an act of transmitting or
releasing hydrometeorological bulletins without clearly stating their origins.
2. A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for an act of transmitting or
releasing hydrometeorological bulletins of unknown origin.
3. A fine ranging from
VND 10.000.000 to VND 20.000.000 shall be imposed for an act of transmitting or
releasing hydrometeorological bulletins for natural disasters in an insufficient
manner.
4. A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for an act of transmitting or
releasing hydrometeorological bulletins for natural disasters after the
prescribed time.
5. A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for one of the following
violations:
a) Failing to transmit or
release hydrometeorological bulletins for natural disasters;
b) Committing frauds
involved in origins of hydrometeorological bulletins for natural disasters upon
transmission or release of such bulletins;
c) Transmitting or
releasing hydrometeorological bulletins for natural disasters in a false
manner;
d) Intentionally
providing false information on hydrometeorological forecasts or warnings about
natural disasters.
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Enforced correction of
false or misleading information with regard to the violations specified in
points b,c and c clause 5 of this Article.
Article
9. Violations against regulations on hydrometeorological monitoring
1. A fine ranging from
VND 7.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Installing
hydrometeorological measurement instruments in locations other than monitoring
locations;
b) Monitoring
hydrometeorology in wrong locations.
2. A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following
violations:
a) Monitoring
hydrometeorological elements in an insufficient manner;
b) Monitoring
hydrometeorology with insufficient frequency;
c) Monitoring
hydrometeorology against the prescribed schedule.
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4. A fine ranging from
VND 25.000.000 to VND 30.000.000 shall be imposed for an act of intentionally
violating technical regulations or standards, or failing to follow professional
procedures for hydrometeorological monitoring.
5. A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for an act of failing to
monitor hydrometeorology.
6. Remedial measures:
a) Enforced addition or
installation of hydrometeorological monitoring stations or measurement
instruments with regard to the violations specified in point a clause 1 and
clause 3 of this Article;
b) Enforced monitoring of
hydrometeorology with regard to the violation specified in clause 5 of this
Article.
Article
10. Violations against regulations on establishment, relocation or dissolution
of special-purpose hydrometeorological stations by organizations and
individuals
1. A fine ranging from
VND 3.000.000 to VND 5.000.000 shall be imposed for an act of failing to notify
the Ministry of Natural Resources and Environment and hydrometeorological
authorities of provinces where special-purpose hydrometeorological stations are
located after establishment of such stations.
2. A fine ranging from
VND 5.000.000 to VND 7.000.000 shall be imposed for an act of failing to notify
the Ministry of Natural Resources and Environment and hydrometeorological
authorities of provinces where special-purpose hydrometeorological stations are
located after relocation of such stations.
3. A fine ranging from
VND 7.000.000 to VND 10.000.000 shall be imposed for an act of failing to
notify the Ministry of Natural Resources and Environment and
hydrometeorological authorities of provinces where special-purpose
hydrometeorological stations are located after dissolution of such stations.
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Enforced notification of
establishment, relocation, dissolution of special-purpose hydrometeorological
stations with regard to the violations specified in clauses 1, 2 and 3 of this
Article.
Article
11. Violations against regulations on provision of hydrometeorological
monitoring information/data
1. A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for one of the following
violations:
a) Providing
hydrometeorological monitoring information/data against the prescribed
schedule;
b) Insufficiently
providing hydrometeorological monitoring information/data.
2. A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for an act of falsifying
hydrometeorological monitoring information/data upon provision.
3. A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for an act of concealing or
failing to provide hydrometeorological monitoring information/data.
4. A fine ranging from
VND 25.000.000 to VND 30.000.000 shall be imposed for an act of appropriating
hydrometeorological information/data.
5. Remedial measures:
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b) Enforced correction of
false or misleading information with regard to the violation specified in
clause 2 of this Article;
b) Enforced return of
illegal profits earned from commission of the violation specified in clause 4
of this Article.
Article
12. Violations against regulations on utilization and protection of
hydrometeorological works
1. A fine ranging from
VND 1.000.000 to VND 3.000.000 shall be imposed for one of the following
violations:
a) Burning fire or
spraying water, affecting works of hydrometeorological stations;
b) Obstructing utilization
and operation of hydrometeorological works and hydrometeorological measurement
instruments.
2. A fine ranging from
VND 3.000.000 to VND 5.000.000 shall be imposed for an act of using water or
discharging water into technical corridors, affecting the operation of
hydrometeorological works.
3. A fine ranging from
VND 5.000.000 to VND 7.000.000 shall be imposed for one of the following
violations:
a) Encroaching on or
occupying airspace, ground, underground, water surface, or underwater area;
planting trees, constructing works or placing materials or equipment within
technical corridors of hydrometeorological works, affecting the operation of
hydrometeorological works;
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c) Digging riverbeds,
river banks, or exploiting minerals in technical corridors, affecting the
operation of works of hydrometeorological stations;
d) Dumping garbage or
waste, or placing other construction materials into riverbeds or river banks in
technical corridors, affecting the operation of works of hydrometeorological
stations;
dd) Installing
heat-generating structures and equipment, affecting the operation of works of
hydrometeorological stations;
4. A fine ranging from
VND 7.000.000 to VND 10.000.000 shall be imposed for an act of relocating,
distorting, affecting or damaging boundary markers of technical corridors of
hydrometeorological works.
5. A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for an act of infringing,
colliding, destroying or relocating hydrometeorological works, benchmarks
or boundary markers of technical corridors of hydrometeorological works,
causing adverse effects or damage.
6. A fine shall be
imposed for an act of damaging measure instruments, communication equipment or
other technical equipment of hydrometeorological works. To be specific:
a) A fine ranging from
VND 3.000.000 to VND 7.000.000 shall be imposed for an act of damaging a measure
instrument, communication equipment or another technical equipment worth less
than VND 100.000.000;
b) A fine ranging from
VND 8.000.000 to VND 10.000.000 shall be imposed for an act of damaging a
measure instrument, communication equipment or another technical equipment
worth from VND 10.000.000 to less than VND 50.000.000;
c) A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for an act of damaging a
measure instrument, communication equipment or another technical equipment worth
from VND 50.000.000 to less than VND 100.000.000;
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dd) A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for an act of damaging a
measure instrument, communication equipment or another technical equipment
worth from VND 300.000.000 to less than VND 500.000.000;
e) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for an act of damaging a
measure instrument, communication equipment or another technical equipment
worth more than VND 500.000.000;
7. Administrative
penalties or fines for acts of anchoring, stopping and parking ships or other
vehicles in wrong places at hydrometeorological works shall be imposed
according to regulations of laws on prevention and management of natural
disasters; irrigation; and dykes.
8. Additional penalty:
Confiscation of exhibits
or means used to commit the violations specified in clause 1 and clause 4 of
this Article.
9. Remedial measure:
Enforced restoration to
the original condition with regard to the violations specified in point b
clause 1 and clauses 2,3,4,5 and 6 of this Article.
Article
13. Violations against regulations on access to or use of hydrometeorological
monitoring information/data
1. A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for an act of failing to
update information/data to the latest year in which the design of a
socio-economic development work, program, plan or project is approved.
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3. A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for an act of using
hydrometeorological information/data provided free of charge for
purchase/sale/exchange for profitable purposes.
4. A fine ranging from
VND 25.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Using
hydrometeorological information/data of unknown origin for provision of advice,
design, investment in construction of a work or project, unless otherwise
prescribed by law;
b) Using
hydrometeorological information/data which is not certified by a competent
agency/organization/individual for provision of advice, design, investment in
construction of a work or project, unless otherwise prescribed by law;
5. Remedial measures:
a) Enforced report on or
provision of hydrometeorological information/data with regard to the violation
specified in clause 1 of this Article.
b) Enforced return of illegal
profits earned from commission of the violations specified in clause 3 and
clause 4 of this Article.
Article
14. Violations against regulations on exchange of information/data on
hydrometeorology or supervision of climate change with international
organizations, foreign organizations and individuals, not regulated by
international treaties to which the Socialist Republic of Vietnam is a
signatory
1. A fine shall be
imposed for an act of failing to comply with one of the regulations stated in
the written agreement concluded by the Ministry of Natural Resources and
Environment on exchange of information/data on hydrometeorology or supervision
of climate change with an international organization, foreign organization or
individual, not regulated by an international treaty to which the Socialist
Republic of Vietnam is a signatory. To be specific:
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b) A fine ranging from
VND 5.000.000 to VND 7.000.000 shall be imposed for an act of exchanging
information/data with incorrect name/address of the international organization,
foreign organization or individual stated in the written agreement;
c) A fine ranging from
VND 7.000.000 to VND 9.000.000 shall be imposed for an act of exchanging or
providing information/data with incorrect type or quantity;
d) A fine ranging from
VND 9.000.000 to VND 11.000.000 shall be imposed for an act of exchanging
information/data against the schedule specified in the written agreement;
dd) A fine ranging from
VND 11.000.000 to VND 13.000.000 shall be imposed for an act of exchanging
information/data by the form other than that specified in the written
agreement;
e) A fine ranging from
VND 13.000.000 to VND 15.000.000 shall be imposed for an act of failing to
exchange information/data within the time limit specified in the written
agreement;
2. A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for an act of failing to
report or fully or accurately report exchange of information/data on
hydrometeorology or supervision of climate change with the international
organization, foreign organization or individual to the Ministry of Natural
Resources and Environment within the prescribed time limit.
3. A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for an act of exchanging
information/data on hydrometeorology or supervision of climate change without
the written agreement concluded by the Ministry of Natural Resources and
Environment.
4. Remedial measures:
a) Enforced report on or
provision of hydrometeorological information/data with regard to the violation
specified in clause 2 of this Article;
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Article
15. Violations against regulations on impacts on weather
1. A fine ranging from
VND 10.000.000 to VND 20.000.000 shall be imposed for an act of failing to
properly implement a plan to make impacts on weather, approved by a competent
regulatory authority.
2. A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Failing to adjust the
plan to make impacts on weather when there is a change in one of the basic
contents of the plan specified in clause 2, Article 44 of the Law on
Hydrometeorology and personnel stated in the approved plan, thereby affecting
the implementation of the plan;
b) Failing to adjust the
plan to make impacts on weather when there are objective changes in
hydrometeorological conditions, national defense and security, affecting the
implementation of the plan;
c) Failing to adjust the
plan to make impacts on weather when requested by the competent authority.
3. A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for an act of failing to
publicly notify the residential community within the area before creation of
impacts on weather:
4. A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for one of the following
violations:
a) Failing to implement
safety measures and minimize negative impacts according to the approved plan;
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5. Additional penalty:
Confiscation of exhibits
or means used to commit the violations specified in clause 1 and point b clause
4 of this Article.
6. Remedial measure:
Enforced return of
illegal profits earned from commission of the violation specified in point b
clause 4 of this Article.
Chapter
III
POWER TO IMPOSE PENALTIES AND
POWER TO RECORD ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON
HYDROMETEOROLOGY
Article
16. Power to impose administrative penalties of Chairpersons of People’s
Committees at all levels
1. The Chairperson of the
commune-level People’s Committee shall have the power to:
a) Impose a fine up to
VND 5.000.000;
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2. The Chairperson of the
district-level People’s Committee shall have the power to:
a) Impose a fine up to
VND 25.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations;
d) Implement remedial
measures specified in clause 3 Article 4 of this Decree.
3. The Chairperson of the
provincial People’s Committee shall have the power to:
a) Impose a fine up to
VND 50.000.000 according to regulations of this Decree;
b) Suspend license for hydrometeorological
forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations;
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Article
17. Power to impose administrative penalties of natural resources and
environment inspecting authorities
1. Chief Inspector or
Inspector of the provincial Department of Natural Resources and Environment
shall have the power to:
a) Impose a fine up to
VND 25.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations and worth up to VND 50.000.000;
d) Implement remedial
measures specified in clause 3 Article 4 of this Decree.
2. Chief of specialized
inspectorate of the Ministry of Natural Resources and Environment, the
provincial Chief Inspector shall have the power to:
a) Impose a fine up to
VND 35.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
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d) Implement remedial
measures specified in clause 3 Article 4 of this Decree.
3. Chief Inspector of the
Ministry of Natural Resources and Environment shall have the power to:
a) Impose a fine up to
VND 50.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations;
d) Implement remedial measures
specified in clause 3 Article 4 of this Decree.
Article
18. Power to impose administrative penalties of People's Public Security Force
1. Head of company-level
Mobile Police Unit, Head of police station, or Leader of soldiers of people’s
public security force shall have the power to impose a fine up to VND
1.500.000.
2. Commune-level Police
Chief, Head of Police Post, Head of Police Station at a border gate, export
processing zone, Head of International Airport Police Office, Major of Mobile
Police Battalion, or Captain of Squadron shall have the power to:
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b) Confiscate exhibits or
means used to commit violations and worth up to VND 5.000.000.
c) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Head of district-level
police agency; Head of professional division affiliated to Traffic Police
Department; Captain of Squadron; Heads of provincial-level police departments,
including: Head of Investigation Police Division for Corruption, Economic and
Smuggling Crimes, Head of Traffic Police Division, Head of Economic Security
Division; Colonel of Mobile Police Regiment shall have the power to:
a) Impose a fine up to
VND 10.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations and worth up to VND 20.000.000;
d) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Director of
Provincial-level Police Department shall have the power to:
a) Impose a fine up to
VND 25.000.000;
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c) Confiscate exhibits or
means used to commit violations;
d) Implement remedial
measures specified in point a and point i clause 1 Article 28 of the Law on
Handling of Administrative Violations and point a clause 3 Article 4 of this
Decree.
5. Director of Economic
Security Department, Director of Police Department for Investigation into
Corruption, Economic and Smuggling Crimes, Director of Traffic Police
Department, Director of Police Department for Prevention and Control of
Environmental Crimes shall have the power to:
a) Impose a fine up to
VND 50.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations;
d) Implement remedial
measures specified in point a and point i clause 1 Article 28 of the Law on
Handling of Administrative Violations and point a clause 3 Article 4 of this
Decree.
Article
19. Power to impose administrative penalties of Border Guard Forces
1. Leader of Task Force
Team for drug and crime prevention and control affiliated to Task Force
Commission for drug and crime prevention and control shall have the power to:
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b) Confiscate exhibits or
means used to commit violations and worth up to VND 10.000.000.
c) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
2. Head of border-guard
post, Commander of border-guard flotilla or Commander of Port Border Guard
shall have the power to:
a) Impose a fine up to
VND 10.000.000;
b) Confiscate exhibits or
means used to commit violations and worth up to VND 20.000.000;
c) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Leader of Task Force
Team for drug and crime prevention and control affiliated to the Department of
Drug and Crime Prevention and Control under the control of the Command of
Border Guards shall have the power to:
a) Impose a fine up to
VND 25.000.000;
b) Confiscate exhibits or
means used to commit violations and worth up to VND 50.000.000;
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4. Commander of
Provincial-level Border Guard Force, Captain of Naval Border Guard Squadron,
and Director of the Department of Drug and Crime Prevention and Control
affiliated to the Command of Border Guards shall have the power to:
a) Impose a fine up to
VND 50.000.000;
b) Suspend license for hydrometeorological
forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations;
d) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
20. Power to impose administrative penalties of Coast Guard
1. Commander of
Coastguard Platoon shall have the power to:
a) Impose a fine up to
VND 10.000.000;
b) Confiscate exhibits or
means used to commit violations and worth up to VND 20.000.000;
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2. Captain of Naval
Border Guard Squadron; Head of Reconnaissance Commission; Head of Task Force
Commission for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam shall have the power to:
a) Impose a fine up to
VND 15.000.000;
b) Confiscate exhibits or
means used to commit violations and worth up to VND 30.000.000;
c) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
3. Regional Command of
Coast Guard and Director of the Department of Operations and Legislation under
the control of the Command of Coast Guard of Vietnam shall have the power to:
a) Impose a fine up to
VND 25.000.000;
b) Confiscate exhibits or
means used to commit violations;
c) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
4. Commander of Vietnam
Coast Guard shall have the power to:
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b) Confiscate exhibits or
means used to commit violations;
c) Implement remedial
measures specified in point a clause 1 Article 28 of the Law on Handling of
Administrative Violations.
Article
21. Power to impose administrative penalties of Maritime Administrations,
Airport Authorities, Inland Waterway Port Authorities
1. Chief representative
of Maritime Administration, Chief representative of Airport Authority, Chief
representative of Inland Waterway Port Authority shall have the power to:
a) Impose a fine up to
VND 10.000.000;
b) Confiscate exhibits or
means used to commit violations and worth up to VND 20.000.000.
2. Director of Maritime
Administration, Director of Airport Authority, Director of Inland Waterway Port
Authority shall have the power to:
a) Impose a fine up to
VND 50.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
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d) Implement remedial
measures specified in point d clause 3 Article 4 of this Decree.
Article
22. Power to impose administrative penalties of specialized
inspectors/inspectorates conducting transport, construction, industry and
trade, agriculture and rural development, science and technology and
information and communications inspections
1. Chief Inspector, Head
of Inspectorate of Department of Transport, Department of Industry and Trade,
Department of Agriculture and Rural Development, Department of Science and
Technology, Department of Construction, Department of Information and
Communications, Chief Inspector of Civil Aviation Authority of Vietnam shall
have the power to:
a) Impose a fine up to
VND 25.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations and worth up to VND 50.000.000;
d) Implement remedial
measures specified in point d clause 3 Article 4 of this Decree.
2. Head of specialized
inspectorate of the Ministry of Transport, Ministry of Industry and Trade,
Ministry of Agriculture and Rural Development, Ministry of Science and
Technology, Ministry of Construction, Ministry of Information and
Communications shall have the power to:
a) Impose a fine up to
VND 35.000.000;
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c) Confiscate exhibits or
means used to commit violations and worth up to VND 70.000.000;
d) Implement remedial
measures specified in point d clause 3 Article 4 of this Decree.
3. Chief Inspector of the
Ministry of Transport, Ministry of Industry and Trade, Ministry of Agriculture
and Rural Development, Ministry of Science and Technology, Ministry of
Construction, Ministry of Information and Communications, Civil Aviation
Authority of Vietnam shall have the power to:
a) Impose a fine up to
VND 50.000.000;
b) Suspend license for
hydrometeorological forecasts and warnings for a fixed period;
c) Confiscate exhibits or
means used to commit violations;
d) Implement remedial
measures specified in clause 3 Article 4 of this Decree.
Article
23. Power to record administrative violations
Persons that have the
power to record administrative violations include:
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2. On-duty public
employees assigned to conduct inspections of Viet Nam Meteorological and Hydrological
Administration affiliated to the Ministry of Natural Resources and Environment.
Article
24. Determination of power to impose penalties
1. Chairpersons of
People’s Committees at all levels shall have the power to impose penalties for
the administrative violations specified in Chapter II of this Decree under
their management and implement remedial measures within their jurisdiction.
2. Natural resources and
environment inspecting authorities shall have the power to impose penalties for
the administrative violations specified in Chapter II of this Decree and
implement remedial measures within their jurisdiction.
3. People’s Public
Security Forces shall have the power to impose penalties for the administrative
violations specified in Chapter II of this Decree and implement remedial
measures within their jurisdiction.
4. Border Guard shall
have the power to impose penalties for the administrative violations specified
in Article 9 and Article 12 of this Decree under their management and implement
remedial measures within their jurisdiction.
5. Coast Guard shall have
the power to impose penalties for the administrative violations specified in
Article 9 and Article 12 of this Decree under their management and implement
remedial measures within their jurisdiction.
6. Maritime
Administrations, Airport Authorities, Inland Waterway Port Authorities shall
have the power to impose penalties for the administrative violations specified
in Articles 6, 7, 8, 9, 10, 11, 12 and 13 of this Decree under their management
and implement remedial measures within their jurisdiction.
7. Specialized
inspectors/inspectorates conducting industry and trade inspections shall have
the power to impose penalties for the administrative violations specified in
clause 3 Article 7 and Article 9 of this Decree under their management and
implement remedial measures within their jurisdiction.
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9. Specialized
inspectors/inspectorates conducting agriculture and rural development
inspections shall have the power to impose penalties for the administrative
violations specified in clause 3 Article 7 and Article 9 of this Decree under
their management and implement remedial measures within their jurisdiction.
10. Specialized
inspectors/inspectorates conducting information and communication inspections
shall have the power to impose penalties for the administrative violations
specified in Article 8 of this Decree under their management and implement
remedial measures within their jurisdiction.
11. Specialized
inspectors/inspectorates conducting construction inspections shall have the
power to impose penalties for the administrative violations specified in point
b and point c clause 1, clause 4 and clause 5 Article 12 of this Decree under
their management and implement remedial measures within their jurisdiction.
Chapter
IV
IMPLEMENTATION CLAUSES
Article
25. Entry into force
1. This Decree enters
into force from February 01, 2025.
2. This Decree annuls
regulations in the following Decrees:
a) Clause 2, Article 1,
Chapter II, point a, clause 2, Article 21; the phrase “khí tượng thủy văn”
(hydrometeorology) in the title of the Decree, promulgation bases, the title of
Chapter IV, Clauses 1 and 4, Article 1, Article 2, clause 1, Article 3, point
a, clause 1, Article 20 of the Government’s Decree No. 173/2013/ND-CP dated
November 13, 2013;
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c) Article 3 of the
Government’s Decree No. 04/2022/ND-CP dated January 06, 2022.
Article
26. Transition clauses
1. If a violation against
regulations on hydrometeorology is committed before the effective date of this
Decree, a violation record on which has been issued but a decision on
imposition of administrative penalties has not been issued, regulations on
imposition of administrative penalties shall apply as follows:
a) If the prescriptive
period or the time limit for issuance of the decision on imposition of
administrative penalties ends as prescribed in point c, clause 1 Article 65 of
the Law on Handling of Administrative Violations, it is not required to issue
the decision on imposition of administrative penalties but a decision on
confiscation of any exhibit or mean used to commit the violation and
implementation of remedial measures (if any) shall be issued. The
imposition of additional penalties and remedial measures shall comply with
regulations of the Decree on penalties for administrative violations against
regulations on hydrometeorology at the time on which the violation record is
made. If this Decree does not provide for legal liability or
imposes less serious legal liability on such the violation, regulations of this
Decree shall prevail.
b) If the time limit for
issuance of the decision on imposition of administrative penalties has not
expired, penalties/fines and remedial measures shall be imposed according to
the Decree on penalties for administrative violations against regulations on hydrometeorology
at the time on which the violation record is made. If this Decree does
not provide for legal liability or imposes less serious legal liability on such
the violation, regulations of this Decree shall prevail.
2. If a violation against
regulations on hydrometeorology is committed before the effective date of this
Decree, a violation record on which has been issued and a decision on
imposition of administrative penalties has been issued and effective but the
decision has not yet been executed or fully executed, the decision on
imposition of administrative penalties shall be abided by.
Article
27. Responsibilities for implementation
Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Chairpersons of People's Committees
of provinces and central-affiliated cities shall be responsible for
implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Hong Ha